Abstract

Footnotes (98)

Using the URL or DOI link below will
ensure access to this page indefinitely

Based on your IP address, your paper is being delivered by:

New York, USA

Processing request.

Illinois, USA

Processing request.

Brussels, Belgium

Processing request.

Seoul, Korea

Processing request.

California, USA

Processing request.

If you have any problems downloading this paper,please click on another Download Location above, or view our FAQFile name: SSRN-id2388531. ; Size: 4544K

You will receive a perfect bound, 8.5 x 11 inch, black and white printed copy of this PDF document with a glossy color cover. Currently shipping to U.S. addresses only. Your order will ship within 3 business days. For more details, view our FAQ.

Quantity:Total Price = $9.99 plus shipping (U.S. Only)

If you have any problems with this purchase, please contact us for assistance by email: Support@SSRN.com or by phone: 877-SSRNHelp (877 777 6435) in the United States, or +1 585 442 8170 outside of the United States. We are open Monday through Friday between the hours of 8:30AM and 6:00PM, United States Eastern.

Public attention is increasingly focused on patent monetization entities. Known colloquially as “patent trolls,” these entities derive income from licensing or litigating, rather than producing a product. To understand the impact of these entities, we examined all patent litigations filed across four years, 2007-2008 and 2011-2012. This involved analyzing almost 13,000 cases and almost 30,000 patents asserted.

Most striking, as of 2012, litigation by patent monetization entities now represents a majority of the patent litigations filed in the United States. In fact, 58.7% of all patent lawsuits were filed by monetizers. This is a sharp rise from 2007, when monetizers filed only 24.6%. In addition, of the parties who filed the greatest number of patent litigations in the years we studied, all 10 are monetizers.

We also examined the age and transfer patterns of the patents asserted. Among other findings, we saw that the newest patents issued are the ones most frequently litigated. This could suggest that people are increasingly applying for patents with the intent of filing lawsuits, rather than making products.

Our analysis also revealed a problem previously unrecognized. Mechanisms for notifying the public when patents have been asserted in lawsuits are woefully inadequate. Current mechanisms did not operate 2/3 of the time. The study also found indications of stealth behavior, as well as a market for purchasing patents after they expire.